proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of
your Account or of the Services.
8. Dispute Resolution.
8.1 General. If you are an EU resident, this Section 8 does not apply towards any disputes or claims you may
have regarding the Privacy Policy and the Privacy Policy contains dispute resolution terms for EU residents. If a
dispute arises between you and Seek Thermal, our goal is to provide you with a neutral and cost-effective means of
resolving the dispute quickly. Accordingly, you and Seek Thermal agree that we will resolve any claim or controversy
at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the
subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider
reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation. Other than those matters listed in Section 8.2, you and Seek Thermal agree to
seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 8,
and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead
of in a court by a judge or jury.
8.2 Exclusions from Arbitration. YOU AND SEEK THERMAL AGREE THAT ANY CLAIM FILED BY YOU OR
BY SEEK THERMAL IN SMALL CLAIMS COURT OR BY SEEK THERMAL RELATED TO PROTECTION OF SEEK
THERMAL'S OR ANY SEEK THERMAL LICENSOR'S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE
ARBITRATION TERMS CONTAINED IN THIS SECTION 8.
8.3 RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF
YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER
IN THIS SECTION 8, YOU MUST NOTIFY SEEK THERMAL IN WRITING WITHIN THIRTY (30) DAYS OF THE
DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO SEEK
THERMAL TERMS ADMINISTRATOR, 6489 CALLE REAL, SUITE E, SANTA BARBARA, CA 93117 AND MUST
INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME AND (4) A CLEAR STATEMENT THAT
YOU DO NOT WISH TO RESOLVE DISPUTES WITH SEEK THERMAL THROUGH ARBITRATION.
8.4 Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR
COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE
ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR
PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SEEK THERMAL SPECIFICALLY AGREE
TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
8.5 Initiation of Arbitration Proceeding; Selection of Arbitrator. If you or Seek Thermal elect to resolve your
dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration
Association ("AAA"),
, or JAMS
. The terms of this Section 8 govern in the event they
conflict with the rules of the arbitration organization selected by the parties.
8.6 Arbitration Procedures. Because the software and/or service provided to you by Seek Thermal concern
interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, applicable
federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA's
Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply, including the
schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the
AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The
AAA rules are available at
Further, if your claims do not exceed $75,000
and you provided notice to, and negotiated in good faith with, Seek Thermal as described above, and if the arbitrator
finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and
costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal
law afforded to Seek Thermal or you. The arbitrator will make any award in writing but need not provide a statement
of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided
by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
8.7 Location of Arbitration. You or Seek Thermal may initiate arbitration in either Santa Barbara County,
California or the county in which you reside. In the event that you select the county of your residence, Seek Thermal
may transfer the arbitration to Santa Barbara County, California in the event that it agrees to pay any additional fees
or costs you incur as a result of the change in location, as determined by the arbitrator.
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